FMCSA – Federal Motor Carrier Safety Administration

Regulation 49 C.F.R. Part 382 applies to every person all employers of such persons who operate a commercial motor vehicle in commerce in any State and are subject to:

  • An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool.

Employee Category Tested

Any driver who is licensed to drive a commercial vehicle. A commercial vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle meets the following conditions:

  1. Combination Vehicle (Group A)—gross combination weight of about 26001.29 pounds, inclusive of a towed unit(s) with a gross vehicle weight of more than 10,000 pounds)
  2. Heavy Straight Vehicle (Group B)—gross vehicle weight of 26,001 pounds or more.
  3. Designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation.
  4. Used in transporting material found by the Secretary of Transportation to be hazardous, and transported in quantity requiring placarding under regulations prescribed by the Secretary under 49 C.F.R., subtitle B.

Substances Screened

  • Marijuana
  • Cocaine
  • Opiates (expanded)
  • Phencyclidine
  • Amphetamines

Types of required testing

  • Pre-employment drug testing
  • Random drug testing
  • Post-accident drug testing
  • Reasonable cause drug testing
  • Follow-up drug testing